General Terms and Conditions of Hanse Mondial GmbH
§ 1 Scope of application
These General Terms and Conditions apply in connection with all service offers of Hanse Mondial GmbH in the area of mobility (booking bus/coach trips, concept creation, event logistics, etc.).
§ 2 Contractual partner
The contractual partner is Hanse Mondial GmbH (hereinafter referred to as the Company), represented by the Managing Directors Julien Figur, Chris Figur, Emmanuel Stover and Tobias Warnecke, Spaldingstrasse 68, 20097 Hamburg, Germany; Tel.: +49 40 85598900; 24-hour hotline: +49 176 64139510; e-mail: firstname.lastname@example.org
§ 3 Service offer and conclusion of contract
(1) The Company’s offers are subject to change and non-binding, unless otherwise agreed in writing.
(2) The Customer may place an order in writing, in electronic form or verbally.
(3) The transportation contract shall come into effect on confirmation of the order by the Company, either in written or in electronic form, unless otherwise agreed. Should the contents of the confirmation differ from that of the order, the contract shall be concluded on the basis of the confirmation if the Customer declares their acceptance of the said contents within one week of receipt.
(4) Any queries, requests to amend the offer or to adjust the contract shall be addressed exclusively to the Company via the contact data specified in § 2 above.
§ 4 Services and changes to services
(1) The contractual services of the transportation contract shall include the provision of the necessary number of buses/coaches with drivers and of the contractually agreed transportation. The Company shall be free to commission subcontractors to provide the transport services. The Company attaches importance to performing the service in a commercially and economically efficient, practicable manner and shall, as far as possible, work predominantly with regional partners for this purpose. Unless otherwise agreed, only one driver shall be provided. The said driver shall work within the framework of the statutory driving, shift and break times.
(2) The offer, the written order confirmation, the invoice as well as the General Terms and Conditions of the Company shall be authoritative in determining the content of the transportation contract.
(3) The contractual services shall not include the following:
a) the supervision of passengers, particularly children, adolescents and persons in need of assistance,
b) the supervision of property left in the passenger compartment of the vehicle by the Customer or by one of their passengers,
c) the supervision of the luggage during loading and unloading,
d) the obtaining of information on foreign currency, passport, visa, customs and health regulations relevant to the passengers and ensuring compliance with the obligations arising from those regulations.
This point shall not apply if otherwise agreed.
(4) If, after concluding the contract, any circumstances arise that make it necessary for the Company to change a service and that have not been brought about through bad faith on the part of the Company, such changes to services shall be deemed permissible provided they are negligible and can be reasonably expected of the Customer. After becoming aware of the circumstance justifying the said change to a service, the Company shall inform the Customer of the said change to the service.
(5) The Company shall be notified in advance, either in writing or by electronic means, of any changes to services on the part of the Customer and such changes shall only be included in the subject matter of the contract provided the Company expressly gives its consent thereto in writing or by electronic means.
(6) The Customer shall notify the Company of any so-called “high-risk journeys” at the time of concluding the contract. High-risk journeys shall, in particular, include the transportation of soccer fans and politically motivated demonstrators.
(7) In the event of any so-called high-risk journeys, the company shall be entitled to demand a deposit from the Customer. Depending on the individual case, the deposit shall amount to € 30 - € 50 per person to be transported, but to no less than € 1,000.00.
§ 5 Remuneration and payment
(1) The Customer shall pay the contractually agreed remuneration, plus any costs resulting from changes to services requested by the Customer. The remuneration shall not include ancillary costs connected to the transportation, such as road and parking charges, or accommodation and catering costs in the form of half board for the driver, unless otherwise contractually agreed.
(2) The Company reserves the right to charge for any additional costs which arise due to circumstances for which the Company is not responsible, such as unforeseen changes to the route or programme, insofar as the Customer is responsible for such changes.
(3) The client shall pay 100% of the agreed remuneration within 7 days of receiving the invoice, but no later than 30 days before the execution of the transport service, unless otherwise agreed in a contract. In the case of short-term orders, the remuneration shall be provided within 7 days and before the execution of the transport service. For orders with a net value of 10,000 EUR or more, the client shall pay 70% of the agreed remuneration within 7 days of receiving the invoice, but no later than 30 days before the execution of the transport service, and the remaining payment of 30% within 5 days after the completion of the transport service, unless otherwise agreed in a contract. In the case of short-term orders, the remuneration shall be provided within 7 days from the invoice date and before the execution of the transport service.
(4) The Company’s right to claim costs incurred as a result of damage or contamination shall remain unaffected.
(5) Invoices shall be due for payment, without deduction, upon receipt. Payments can be made via the standard payment methods (such as bank transfer, direct debit, credit card payment and other online payment methods). Any fees thereby incurred shall be borne by the Customer.
§ 6 Price increases
If a period of at least four months lies between the conclusion of the contract and the transport service, the company may demand price increases of up to 10% of the agreed remuneration if an increase in transport costs (fuel costs and personnel costs), such as could not have been taken into account when the contract was concluded, occurs after the conclusion of the contract. Such price increases shall only be permissible to the extent that the cost increase has a proportionate effect on the remuneration. The Company shall declare and provide evidence of such a permissible price increase to the Customer immediately after becoming aware of the reason for the said increase. Should the total amount of the declared price increases exceed 3% of the agreed remuneration, the Customer shall be entitled to withdraw from the contract without payment of compensation. The said withdrawal must be announced without delay.
§ 7 Withdrawal by the Customer
(1) The Customer may withdraw from the contract at any time prior to the performance of the transport service. Such withdrawal must be made in writing to the Company. In place of the agreed remuneration, the Customer shall in such a case owe the Company commensurate compensation, insofar as the withdrawal is not due to a circumstance for which the Company is responsible. The commensurate compensation shall be paid in the form of a lump sum as follows:
a) 10% of the contractually agreed remuneration in case of withdrawal up to 45 days before the scheduled transport service,
b) 25% of the contractually agreed remuneration in case of withdrawal up to 30 days before the scheduled transport service,
c) 50% of the contractually agreed remuneration in case of withdrawal up to 14 days before the scheduled transport service,
d) 75% of the contractually agreed remuneration in case of withdrawal up to 7 days before the scheduled transport service,
e) 95% of the contractually agreed remuneration in case of withdrawal up to one day before the scheduled transport service.
The declaration of withdrawal must be sent in text form (written letter or e-mail) to the postal address or e-mail address specified under § 2.
(2) The lump compensation sums listed under § 7 (1) shall likewise be payable in the event of ordinary termination of the transportation contract by the Customer in accordance with the statutory provisions.
(3) The Customer shall be at liberty to present proof that the Company has not suffered any damage or that the damage is substantially less.
(4) No claim for compensation shall apply if the withdrawal from the contract is due to the Company’s making significant service changes that the Customer cannot reasonably be expected to accept.
§ 8 Withdrawal by the Company
(1) The Company shall make every effort to provide a smooth-running transport service and reserves the right to withdraw from the contract only in the aforementioned exceptional cases.
(2) The Company may withdraw from the contract prior to the commencement of the transport service if there are extraordinary circumstances for which the Company is not responsible and that make it impossible to provide the transport service.
(3) In the event of withdrawal in accordance with § 8 (2) above, the Customer may only demand reimbursement of the necessary expenses incurred in connection with the transport contract.
(4) If the advance payment and/or the balance of the remuneration is not received in time, the Company shall be entitled to withdraw from the transportation contract if it has previously unsuccessfully sent the Customer a reminder to pay by a specified deadline. The Company's right to claim damages shall thereby remain unaffected.
(5) In the event that the transportation service constitutes a high-risk journey as defined in § 4 (6) above, and the Customer has failed to notify the Company of the said high-risk journey at the time of concluding the contract, the Company may withdraw from the transportation contract at any time. The Customer shall compensate the Company for any damage or losses incurred as a result.
§ 9 Termination for good cause
(1) Both parties may respectively terminate the contract without notice if there is an unforeseeable, significant reason for which the parties are not responsible, in the form of force majeure or other disruptions, impediments or hazards of a significant nature, such as riots, civil commotion, terrorist acts, epidemics, adverse weather and road conditions, demonstrations, road blockades, strikes, etc., insofar as such events make it unreasonable to expect the Customer to provide the transportation service. The same shall apply if the transportation service is significantly impeded, endangered or compromised by the Customer or by a passenger (e.g., due to excessive alcohol consumption, drug use, etc.), so that the Company cannot be reasonably expected to provide the said service. Good cause justifiably entitling a party to terminate the contract without notice shall also exist if the terminating party cannot reasonably be expected to continue the contractual relationship, taking into account all the circumstances of the individual case and weighing up the mutual interests of both parties.
(2) In cases of extraordinary termination in accordance with § 9 (1) above, the Company shall, at the request of the Customer, be obligated to provide return transportation for the Customer and their passengers, whereby a claim to return transportation shall only exist for the means of transport agreed upon in the contract. The obligation to provide return transportation shall not apply if, and insofar as, the Company cannot reasonably be expected to provide return transportation for individual persons due to circumstances for which the said persons are responsible.
(3) Should additional costs be incurred for the return transportation in accordance with § 9 (1) above, they shall be borne by the Customer.
(4) In the event of extraordinary termination pursuant to § 9 (1) above, the Company's contractually agreed claim to remuneration shall not apply. Instead, the Company shall be entitled to reasonable remuneration for the services already rendered. In any case, such remuneration must cover the costs and expenses actually incurred by the Company, particularly through the utilisation of third-party services.
§ 10 Liability of the Company and limitation of liability
(1) The Company shall be liable within the scope of the due diligence of a prudent businessman for the due provision of the transport service, in accordance with the regulations.
(2) The Company shall not be liable for disruptions to its services due to force majeure or an impediment, hazard or curtailment thereto of a significant nature due to unforeseeable circumstances within the meaning of § 9 (1) above. The provisions on return transportation shall thereby remain unaffected.
(3) The Company shall be liable towards each person transported for property damage up to a maximum amount of € 1,000.00, provided such damage was not caused intentionally or through gross negligence. The liability pursuant to Section 23 of the German Passenger Transportation Act (PBefG) shall thereby remain unaffected. Liability for property damage is thus be excluded insofar as the property damage suffered by each person transported exceeds € 1,000.00 and is not due to wilful intent or gross negligence.
(4) In the case of other contractual or tortious claims for damages which have not been caused by wilful intent or gross negligence and which do not involve injury to life, limb or health, the Company's liability shall be limited to three times the transportation price. This shall not apply in the event that a primary obligation of the contract has been breached, or that the damage is covered by insurance or would normally be covered through the purchase of such insurance by the Company.
(5) The Company shall not be liable for damages insofar as such damages are exclusively caused by a culpable act on the part of the Customer or one of their passengers.
(6) The Company shall be liable for harm to life, limb and health in accordance with the statutory provisions.
(7) The rights of the passengers pursuant to EU Regulation No. 181/2011 of 11.2.2011 shall remain unaffected by the limitations of liability stipulated under § 10 above. In the event that passengers have to be provided with accommodation due to an accident resulting from the use of the bus or coach, the total cost of accommodation for each passenger shall be limited to € 80.00 per night and to a maximum of two nights, ex gratia, without acknowledging any legal obligation.
(8) The Customer shall indemnify the Company, as well as all persons engaged by the Company for the purpose of performing the transportation contract, against all claims based on any of the circumstances described in § 7 (1) above.
§ 11 Luggage
(1) The transportation of normal pieces of luggage and standard hand luggage is covered by the contractual service obligation. More than one piece of luggage per passenger (25-30 kg), bulky luggage (sports equipment, tools, tents) or oversized luggage will only be transported after prior consultation with the Company.
(2) Excluded from transportation are highly flammable, explosive or other hazardous substances, as well as any other objects or substances that could endanger or injure the persons being transported.
(3) The Customer shall be liable for any damage caused by objects carried by the Customer or their passengers, or by the conduct of the Customer or their passengers, insofar as the said damage arises from circumstances for which the Customer or their passengers are responsible.
§ 12 The transportation of animals
(1) There is no entitlement to the transportation of animals. § 11 (3) above shall apply.
(2) The Company must be notified of the transportation of animals before conclusion of the transportation contract.
(3) Dogs shall be transported only under the supervision of a suitable person. Dogs that can pose a danger to fellow passengers must wear a muzzle.
(4) The transportation of guide dogs accompanying a blind person is always allowed.
(5) Other animals may only be taken along in suitable containers.
(6) Animals are not allowed to be placed on seats.
§ 13 Conduct of the Customer and the passengers
(1) The Customer shall be responsible for the conduct of their passengers during the transportation. Should the Customer or the passengers fail to follow the instructions of the bus drivers, they may be barred from transportation if their conduct is such that it is unreasonable to expect the Company to transport them any further. In such cases, all claims for reimbursement shall be excluded.
(2) The Customer shall be liable for any damage caused by their passengers to the vehicle or to any other property of the Company, unless neither the Customer nor their passengers are responsible for the damage. Other claims shall remain unaffected.
(3) In accordance with Section 21 of the German Road Traffic Act (StVO), the wearing of seat belts while driving is mandatory. Passengers may only leave their seats for a short time. Each passenger is obligated to ensure that they keep a secure handhold in the vehicle at all times, especially when leaving their seat for a short time.
(4) Passengers who do not comply with the reasonable instructions of the bus driver, despite having been given a warning, may be excluded from transportation if the said disregard of the instructions poses a risk to the safety and order of the transportation operation or to the passengers or if, for other reasons, it is unreasonable to expect the Company to continue the transportation. In such a case, the Customer shall have no claim to return transportation or to recourse against the Company.
(5) Any complaints must first be addressed to the bus driver and, if the driver cannot remedy the situation with reasonable effort, must be immediately made to the Company via the 24-hour hotline mentioned in § 2 above.
(6) The Customer shall be obligated to assist in remedying service disruptions, within the limits of what can reasonably be expected, in order to prevent possible damage or losses or to minimise such damage or losses as much as possible.
§ 14 Place of performance and place of jurisdiction
(1) The place of performance shall be the registered domicile of the Company.
(2) The parties hereby agree that the place of jurisdiction shall be the registered domicile of the Company.
(3) The contractual relationship shall be governed exclusively by the law of the Federal Republic of Germany.
§ 15 Data protection
(1) The Company shall process and store the Customer’s personal data in conformity with the provisions of the General Data Protection Regulation (GDPR).
(2) The Customer data provided for order processing will be used and stored for internal purposes only, for remarketing, social media activities and newsletters. The transfer of the Customer’s data to third parties is excluded. The Customer's name and mobile phone number may only be passed on to the subcontractor providing the service and to the bus driver.
§ 16 Miscellaneous
Should any individual provisions of the contract, including individual provisions of the General Terms and Conditions of Business, be or become invalid, the rest of the transportation contract shall remain valid. In place of the invalid provision, the statutory provisions shall apply.